Jammu and Kashmir High Court finds lack of evidence in forgery and misuse of official position case, acquits appellant Gh. Rasool Ganie.
In a significant judgment dated January 27, 2026, the Jammu and Kashmir High Court at Srinagar, presided over by Justice Sanjay Parihar, overturned the conviction of Gh. Rasool Ganie under Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, 2006, and Sections 468 and 471 of the Ranbir Penal Code (RPC). The court found the prosecution's evidence insufficient to prove forgery and misuse of official position, leading to the appellant's acquittal.
Gh. Rasool Ganie, a public servant employed at Sher-i-Kashmir Institute of Medical Sciences (SKIMS), was previously convicted by the Special Judge (Anti-Corruption) in Srinagar for allegedly securing promotions through forged documents, including a fake matriculation certificate and a tampered Army Discharge Certificate. The trial court had sentenced him to rigorous imprisonment and imposed fines, also directing the recovery of pecuniary benefits.
The appellate court meticulously examined the evidence presented during the trial, which included the testimonies of several witnesses and photocopies of alleged forged documents. The court noted the absence of direct evidence, expert testimony, and proof of authorship of the forgery. It emphasized that the prosecution failed to establish the appellant's preparation or alteration of documents, exclusive possession, knowledge of falsity, or dishonest intention.
Justice Parihar highlighted the principles of criminal justice, stating that suspicion cannot substitute legal proof and benefit of doubt must be given where two views are reasonably possible. The court observed that the trial court had erroneously shifted the burden of proof onto the appellant to demonstrate his innocence, which is impermissible under criminal law.
The judgment cited legal precedents, including the Supreme Court's decision in Mohd. Ibrahim v. State of Bihar, which clarified that forgery requires proof of unauthorized alteration, fraudulent procurement, or impersonation - none of which were adequately demonstrated in Ganie's case.
As a result, the High Court found the conviction to be unsustainable, acquitting Gh. Rasool Ganie of all charges and discharging him of his bail bonds. This decision underscores the judiciary's commitment to ensuring convictions are based on solid evidence rather than conjecture.
Bottom Line:
Conviction of appellant under Section 5(2) of Jammu and Kashmir Prevention of Corruption Act, 2006, and Sections 468 and 471 RPC was set aside due to lack of evidence proving authorship of forgery, mens rea, and exclusive control over alleged forged documents.
Statutory provision(s): Section 5(2) of Jammu and Kashmir Prevention of Corruption Act, 2006, Sections 468, 471, 464, 470 RPC.
